Legal aid/ first hearing

Hi
I’ve been trying to arrange legal aid for a female friend (her first language is not English)who is clearly eligible (passed eligibility test etc) she’s on universal credit and is a dv victim ( non mol and police caution against him etc)
It’s for the financial settlement divorce- at the first hearing stage
Started and filled out the relevant forms for the solicitors on 9 October (at that stage the first hearing was scheduled for 6 November) on the 19th October the solicitors told her in writing in an email legal aid had been granted Forward to 1/2 November having heard nothing from the solicitors and the hearing pending I contacted them asking if we should have a meeting to discuss strategy etc ay which point they said they’d made an error and the funding had not been granted but rather the financial side had been agreed and legal aid needed further evidence of the dv side of the application and they were uploading this - they advised me to ask the court for an adjournment- this done with permission and cooperation from the respondents solicitors the court agreed to adjourn till 9 December Forward again and after several ignored calls and emails received a call back from the solicitor at 4 pm Friday 1st December saying that again the legal aid was still not agreed and I quote
“The Legal Aid Agency have requested the following:
Property: Documents confirming value , outstanding mortgage and/ or loan

Bank accounts: Certified copies or original statements for the last 3 months

From the Means Assessment:

Bank accounts: Certified copies or original statements for the last 3 months

Property: Documents confirming value , outstanding mortgage and/ or loan”
Now the first hearing is less than a week away - any advice would be extremely gratefully received and welcomed
Thanks in advance

Legal aid has become much harder to get. Evidence of DV is not enough; there is an assessment of means as well. This is why your friend has been asked for all this information. If there is another avenue for funding, including a litigation loan (repaid on settlement) that should be explored.

If her name is not on any properties, she has no other assets and her income is limited it should hopefully be granted. I believe it is not a grant though; there may be a requirement to pay back legal aid from any settlement or have a charge against future property.

The first hearing is mainly administrative. It is aimed at ensuring full financial disclosure. You could perhaps see if you could act as a McKenzie friend or apply to be a litigation friend? If translation is needed, the court needs to be made aware as soon as possible. Depending on which court you are in there may be support services, often provided by law students. It may be that help is available via one of the services supporting DV survivors.

You could help your friend to complete form E and get that exchanged so at least the process is underway. If there are problems with the other side's disclosure, this can be addressed in a questionnaire. There's lots of advice and information on this site both about the process and settlement. We can also advise if you can provide information about the finances etc.
We do also have various cost effective services to support Litigants in Person as well as offering free 20 minute consultations with consultants well versed in family law.

Hadenoughnow

Thanks for your reply, yes it’s been jumping through hoops to put it mildly- she is still traumatised from the dv and abuse and this is making things worse - I’m happy to speak for her at the hearing if it comes to it - I’ve already filled out, exchanged and submitted FORM E’s and then the questionnaire etc last week but was getting out of my depth and she deserves to have a fair hearing and representation hence the legal aid application as I cannot give her that.
However she won’t be able to speak/ represent herself at this hearing is there anyway I could do this ? As a Mackenzie friend I don’t think I can?

Aside from this I don’t believe ‘her’ lawyers have acted professionally or responsibly to say the least and more likely negligently. Any opinion on this view?

Thanks 🙏

You need to make sure the lawyers aren't on the court record so.court correspondence goes to her.
I can't comment on how they have behaved. It may be a simple misunderstanding somewhere along the line. You could ask who their complaints partner is and make a formal complaint that can later be escalated to the Legal Ombudsman or SRA if appropriate.
In certain limited circumstances a McKenzie friend may be permitted to speak in court. I think it's important to ensure there is a translator so your friend can follow what's going on and make her own decisions about things. In rare circumstances a litigation friend can be appointed but if this is an issue of language and not mental capacity I don't think that would be seen as appropriate.

Hadenoughnow

I really appreciate your help and don’t wish to take too much of your time - but 😊….what’s the difference between a Mackenzie and litigation friend and how would I go about becoming one for her and asking that I speak on her behalf?
Also regarding the correspondence going to his solicitors and not her how do I check and ensure this is all correct?

Thanks again

A litigation friend is appointed when someone lacks mental capacity www.gov.uk/litigation-friend

A McKenzie friend is a supporter who can attend court, make notes and rarely address the court with permission. You need permission of the court to attend a hearing. www.judiciary.uk/guidance-and-resources/mckenzie-friends/

Hadenoughnow

Thank you very much for your advice
Much appreciated